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If you have a legal matter, whether you're an
individual, a professional, a business owner,
or whether you represent a corporation, it is
paramount that you hire the best legal team you
can. Don't leave your outcome up to chance! Our
office is known for, and has a reputation for,
fighting effectively and aggressively to defend
our clients' interests. |
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| Guidance |
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| The resolution of child
custody and visitation disputes requires divorcing
parents to act rationally in their child's
best interests at a time when they are facing
the overwhelming stress of divorce. While
some couples immediately reach an agreement
on short- or long-term custody, others require
court intervention for the intermediate or
final decision. We have the knowledge and
experience in child custody law to guide you
through the process including in the following
ways: |
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| Temporary Hearing |
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| Shortly after the initial
papers are filed seeking a divorce, the family
court will hold a temporary hearing (order
to show cause) and issue an order that controls
legal aspects of the parties' relationship
until it grants the final divorce decree.
When custody is contested, the order creates
a temporary custody solution. Unless there
is evidence that doing so would not be in
the best interests of the child, temporary
custody is typically granted to the person
who stays in the marital home. Depending on
the circumstances, the temporary custody order
may indicate which parent the court thinks
is the more suitable for an award of permanent
custody. Our office will advise you on whether
to stay in the home or move out. We will also
make sure that all the facts in your favor
and all competent evidence thereof is presented
on your behalf. Furthermore, if you are a
victim of domestic violence, we may be able
to obtain temporary possession of your residence
as well as temporary custody of your children
on an emergency basis. |
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| Mandatory Mediation |
| California requires that
parties in a contested divorce attempt mediation
with a facilitator, a specially trained neutral
third party in an attempt to resolve their
disagreements. We will advise you and prepare
you for the mediation so that you may reach
an agreement and save time, effort, and unnecessary
expenses. |
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| Custody Evaluation/investigation |
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| If the parties are unable
to reach an agreement regarding custody, most
courts will order a custody evaluation prior
to trial. A court-appointed mental health
professional such as a psychologist or a social
worker usually does the custody evaluation.
Some courts appoint minor's counsel to conduct
the evaluation. Either way, the evaluation
includes interviews with both parents and
the children; observation of the children;
conversations with teachers; and possible
psychological testing of both parents and
children. When a custody evaluation has been
ordered, the court usually will not enter
a final custody determination until the evaluation
has been completed. Our office will advise
you on prepares you before you are interviewed
by the evaluator. We will also write declarations
on your behalf so that all the evidence in
your favor is considered by the evaluator.
We will also help neutralize any factors that
may weight against you. |
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| Trial |
| California decides contested
custody cases based upon a determination of
what arrangement is in the best interests
of the child. Considerations that go into
a best interest determination may include
review of the child's age and attachment to
the parent who has been the primary caretaker;
parental physical and mental health; any history
of domestic violence; and the child's wishes,
depending upon the age of the child and the
motivation for the preference. If you've been
unfairly accused of domestic violence, if
your spouse is coaching your children against
you, or if your spouse is lying in order to
obtain custody of the children, we will put
for the objective facts before the judge or
commissioner and obtain a fair custody and
visitation order for you based on the truth.
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